Court Dismisses Challenge to Police Commissioner’s Appointment
By Tiana Cole | HGP Nightly News
A High Court judge has dismissed a constitutional challenge brought by Trott Garraway, who questioned the legality of Clifton Hicken’s appointment as Commissioner of Police after surpassing the retirement age.
The ruling was delivered Tuesday in the Demerara High Court, where Garraway—represented by attorneys Dexter Todd and Dexter Smart—argued that Hicken’s substantive appointment was unlawful, as it occurred after he turned 55 in 2023.
Though the judge has reserved the whole reasoning for a later date, she ordered Garraway to pay $500,000 in court costs, due by August 29, 2025.
President Irfaan Ali appointed Hicken on December 19, 2024, under the Constitution (Prescribed Matters) Act.
Garraway, a member of the People’s National Congress Reform (PNCR), argued that the law only allows for extensions of service for sitting commissioners, not substantive appointments after retirement age.
Representing the state, Attorney General Anil Nandlall contended that while the law is silent on this specific situation, it does not prohibit such an appointment. He maintained that the Act permits extensions beyond age 55 up to 60, making the president’s decision valid.
Todd countered that an acting appointment beyond 55 may be legal, but a substantive one must occur before the age limit is reached, as there is no legal basis for such a confirmation after the fact.
Despite the challenge, Hicken remains in office as Guyana’s top cop.
